Nevada State Employment Laws
The state of Nevada has restrictions on what can be reported in a background screening report beyond what the Fair Credit Reporting Act (FCRA) dictates.
| Restriction | Explanation |
|---|---|
| Use of Credit Report | Effective October 1, 2013, an employer cannot refuse to hire, promote or take adverse action against the employee who refuses to permit a credit report that is not permitted. An employer can only request a credit report under the following conditions: 1) Obtaining a credit report is required by federal or state law. 2) Credit information is reasonably related to the position being filled. A list is provided, but it is not exclusive and an employer can justify the use of credit reports for other positions. See Exceptions for this list. See the statute here for more information. Notable Exceptions: As mentioned, exceptions purposes are when credit information is reasonably related to the position being filled. The following are “deemed to be reasonably related” - keep in mind this list is not exclusive, an employer can justify the use of credit reports for other positions. A)The job entails the care, custody, and handling of money, financial accounts, corporate credit or debit cards or other assets of the employer. B) Access to trade secrets of the employer. C) Position with managerial or supervisory responsibilities. D) Care, custody, and handling or responsibility for personal information of another person. E) Access to personal financial information of another. In addition, certain employers have a right to request a credit report. 1) Federal or state charter financial institutions. 2) State or local law enforcement but only for employees with direct exercise of law enforcement authority. 3) Licensed gaming establishments. |
| Use of Sexual Offender Data | Employers are prohibited from the use of information obtained from the community notification sexual offender website (the state web page run by the NV Dept. of Safety) for any purpose related to employment. See the statute here for more information. |
| Use of Social Media Password Information | Effective October 1, 2013, employers may not directly or indirectly require an applicant or employee to disclose their user name, password or other information that provides access to their social media. A “social media account” is defined as any electronic service or account or electronic content, including, without limitation, videos, photographs, blogs, video blogs, podcasts, instant and text messages, electronic mail programs or services, online services or Internet website profiles. See the statute here for more information. Notable Exceptions: The law does not prohibit an employer from viewing and using publicly available social media information. |
Additional Resources
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